BOISE, Idaho (Court TV) – A judge has ruled that only “immediate family members” of the victims may speak at the sentencing hearing for convicted killer Lori Vallow Daybell.
Lori was convicted on May 15 of murdering her two youngest children, Tylee Ryan and JJ Vallow, and conspiring to kill her fifth husband’s first wife, Tammy Daybell.
This May 12, 2023 mugshot provided by the Madison County Jail shows Lori Vallow Daybell after she was convicted of murdering her two children and conspiring to kill her fifth husband’s first wife. (Madison County Jail)
In an order issued Friday, Judge Steven Boyce ruled Lori’s immediate family members, including Colby Ryan, Kay Woodcock and Summer Shiflet, would be allowed to make statements at the hearing, scheduled for July 31.
Colby Ryan, Lori’s eldest child, testified against his mother at trial. During his testimony, recorded phone calls from jail were played for the jury in which he told his mother, “You murdered my siblings.”
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Summer Shiflet, Lori’s sister, also confronted her in jail phone calls that were played for the jury during the murder trial. Shiflet will be speaking as a representative for Tylee Ryan.
Kay Woodcock, JJ Vallow’s grandmother and sister of Lori’s fourth husband, Charles Vallow, is being allowed to speak as a representative for JJ. Kay and her husband, Larry Woodcock, are largely credited as the force that began the investigation into the disappearance of Tylee and JJ. The two were present throughout the trial and have been vocal in their desire to see Lori held accountable.
Boyce named four people who would not be allowed to speak at the hearing, despite their desire to. Lori’s uncle Rex Conner, and Vicki Hoben, Tammy’s aunt, were both deemed as having relationships too distant to merit their inclusion. Likewise, Larry Woodcock was told he would not be allowed to speak.
Brandon Boudreaux also asked to speak at the sentencing hearing, but the judge ruled against it. Lori was indicted in Arizona for conspiracy in an attempted shooting that was allegedly carried out by her late brother, Alex Cox, which targeted Boudreaux. Boudreaux testified at the trial about the incident.
On Wednesday, prosecutors filed a motion opposing one filed by Lori’s attorneys on May 25 asking for a new trial. The defense had cited three issues in their motion:
- The Court misdirected the jury during instructions regarding the charge of conspiracy.
- The indictment was amended two years after it was filed by the grand jury and during the course of the trial.
- A juror revealed that instructions were confusing and that he knew about evidence that was not submitted to the jury.
In its response, the prosecution argued issue, namely the number of co-conspirators named in the indictment, doesn’t functionally matter because the burden is only for the state to show that the defendant was involved in the conspiracy.
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The amended indictment, the prosecution said in its motion, was the result of a clerical error and was changed as a result. “There was no new offense charged by the amendment, nor was the Defendant prejudiced.”
Prosecutors took aim at the defense’s claim of issues with the jury, saying, “The Defendant is simply attempting to twist a post-trial media interview of a juror to support her misplaced argument.”
The juror in question, Saul Hernandez, did an interview two weeks after the verdict. In that interview, Hernandez referenced evidence that was never shown at trial.
During the first interview with the juror, there is not an indication as to when the juror watched (the evidence) – whether before or after trial. However, in the follow up interview on May 30, 2023, Juror 8 explained he was released from his obligations as a juror on Friday after the verdict was rendered. The following Sunday, he watched a new episode of a show referencing the case, which was the first time he saw (the evidence).
The prosecution argues the conviction should be upheld because there are no valid grounds for an appeal.
Court TV will have live coverage of Lori Vallow Daybell’s sentencing on July 31.
